22-17-5.1. Procurement of abortion prohibited–Exception to preserve life of pregnant female–Felony.
South Dakota Codified Law
Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony.
According to a publication from the NICHD Neonatal Research Network published by the National Institute of Health, only 6% of premature infants born at twenty-two weeks would survive to be discharged, while the survival rate of premature infants born at twenty-eight weeks would jump to 92%. This report also states that neonatal morbitity is 100% at twenty-two weeks and but only falls to 43% at 28 weeks.
Considering these statistics from the NIH, I would like to consult a quick summary of abortion laws in our country:
| Total Ban | Based on Gestation | At or Before 18 Weeks | Anytime After 18 Weeks |
| 12 states | 29 States | 7 states | 22 states |
Stating the obvious, a total abortion ban insinuates that the fetus has the right to life from conception to birth/death. According to the NIH, only 6% of infants can survive to discharge outside the womb when born at twenty-two weeks. A fetus that has been developing for less than twenty-two weeks has a very low change to survive, and has a hypothetical 100% chance to experience further medical disorders. This gives evidence to the argument for abortion up to the point of viability. Variance in where that point of viability is could be faulted to a lack of consensus as to what is “viable.”
I argue from a point of fetal viability. At what point would that fetus be able to survive outside the womb and would that be a realistic future that allows for a high quality of life. If less than 10% of infants born at 22 weeks survive, and all of those children experience lifelong disabilities and conditions, one would surmise that the point of viability lies before 22 weeks.
Ultimately, the viability of the infant should be a determination made in the hospital setting. A national governing body of individuals of many backgrounds, elected by their peers is a pretty good place for debate to be had and laws, made. A governing body of doctors is a much better place for a debate on medical decisions. But what is the best circumstance to make a determination of viability?
One-on-one in a medical facility, with a trusted and licensed gynecologist and/or obstetrician. Every situation is different. Every woman’s life is different. This child could be the last thing tying her to her abusive ex. He may be just beginning his gender transition, but he was raped. The pregnancy could be ectopic.
It could even just be unwanted. And that should be okay. I want it to be okay to admit that.
What happens in your womb should not be dictated by men in Washington DC, or your state capital.
I have been wracking my brain for days debating what I would talk about when I finally got started on this project. Meanwhile, I have been preparing for my bilateral salpingectomy. I am getting sterilized. Honestly, today I moved into the nervous phase. I have no doubt that I want this done, but frankly I am terrified of the reactions I am going to get. This post might be how some of my family and friends find out I am getting this done.
I have known most of my life that I did not want my own children. I never felt any desire to play dolls or to cuddle babies. I do not have the maternal instinct that many of my friends have, but that is how my brain is wired, I can’t change that. I knew this before I knew of the onslaught of genetic conditions I would face as I got older and my autoimmune disorders began to take a toll on me.
The reality is that getting pregnant would have devastating consequences on my mental health, and likely my physical health. I personally believe that everyone deserves to make the choice of getting pregnant, and to have that experience be as easy as mine has been so far. I messaged my primary care provider about sterilization, she called to make sure I meant “never having babies,” and two hours later I had an appointment scheduled for a surgery consult. The appointment was informative and my surgery was scheduled.
So, why am I so scared to talk about it to my friends and family? I have always made it clear that I would never be having my own children, but I may be open to adoption in the future. Despite years of certainty, finally taking this step feels surreal. There is this expectation surrounding me, in my family and in my hometown that you go to however much school you desire, you graduate, you get married, you have kids, that is the only life worth living. That never sounded like a life I wanted to lead.
Honestly, with the overturning of Roe V. Wade, I thought it was only a matter of time before my right to have an elective sterilization would be legislated to an age, child count, or spousal consent requirement. I worried that a pregnancy could literally end my life. I am on multiple medications that can cause ectopic pregnancy and birth defects. Additionally, my state makes no exemption for rape. Not only could I have my body violated in that way, I would have to carry that fetus to term. I decided in the wake of Roe’s demise that I would be protecting myself.
The day Trump returned to the White House and signed twenty-six executive orders, I began my research. I went to my insurance policy and searched for the clause on sterilization. I went to my online portal to find the procedure I wanted – $0. I have an FSA. I am finally financially able to do this, and now I am terrified of bringing a child into a world with so much instability that could last decades. My surgery is in two days.
Why do I share my story? I am not trying to convince anyone that sterilization is right for you. I am speaking to the person who is still scared of the social pressure. This world does not consider what is right for you, I’m sorry but none of us are on the radar. While we are small and mighty together, there are times where we are all we have. Sometimes, your reasons don’t have to make sense to anyone except you. It helps to have a couple people people in your corner. I am so grateful for the support I’ve found. But no one knows you better than you do. The only person who can take an educated guess on what is right for you, is you.
If ten kids is what you believe is right for you, I hope you have the time of your life and the resources to support the love you want to give. If you never want to have kids, I hope you can find a doctor that takes your concern seriously and works with you to find the birth control method that is right for you. Whatever family you want to build, I hope your life is full of the love you need to make life worth living. For me, it’s one man and several cats.
And if you are family, and you’ve found your way here, I am having the surgery. I have no plans to have children, myself. This is not up for debate and I am not going to regret it. I know I have love in my heart, and maybe some day we will have a happier world to raise a child in. If that day comes, I have enough love in my heart to give it to someone who is here, on this Earth, that needs it. Flesh and blood is not all that love is made of.
Cited:
Stoll, B. J., Hansen, N. I., Bell, E. F., Shankaran, S., Laptook, A. R., Walsh, M. C., Hale, E. C., Newman, N. S., Schibler, K., Carlo, W. A., Kennedy, K. A., Poindexter, B. B., Finer, N. N., Ehrenkranz, R. A., Duara, S., Sánchez, P. J., O’Shea, T. M., Goldberg, R. N., Van Meurs, K. P., . . . Higgins, R. D. (2010). Neonatal outcomes of extremely preterm infants from the NICHD Neonatal Research Network. PEDIATRICS, 126(3), 443–456. https://doi.org/10.1542/peds.2009-2959
Empathy in Progress 
How do you feel?